1. Civics and Citizenship

2.  Courts deal with different types of disputes depending upon the jurisdiction they are provided with by parliament.  The most serious disputes are dealt with by the most experienced legal personnel in the most superior court in our legal system — the High Court of Australia.

3.  Provide a system or appeals. Decisions of a lower court can be appealed (overturned) by a higher court  Allows for specialisation. Different courts have different jurisdictions (areas of law they can make decisions on). Eg: ◦ The Court of Appeal only hears appeals. ◦ Industrial Tribunals hear cases about employers and employees

4. Australian Court Structure HIGH COURT SUPREME COURT FEDERAL COURT DISTRICT COURT MAGISTRATE’S COURT FEDERAL MAGISTRATE’S COURT STATE JURISDICTION FEDERAL JURISDICTION

5.  Is unique – it’s the only court in Australia established and specifically mentioned in our Constitution (sections 71-80)  Also the only court with a set number of justices who sit on the court at any one time.

6. 1. Resolve disputes between Australian States and Territories 2. Interpreting the Constitution 3. Applying International Treaties

7.  The Australian Constitution divided power between the Federal and State governments by: ◦ Providing Federal Government with specific or exclusive powers to make laws ◦ Allowing State Governments the reaming residual powers to make laws  However, some powers are shared (concurrent). These include: ◦ trade and commerce with other countries ◦ taxation ◦ postal, telegraphic, telephonic and similar services ◦ Marriage & divorce

8.  Section 109 of the Constitution states that if the concurrent powers between the Federal & State governments are inconsistent, then the Federal law will prevail  A problem arises when the state doesn’t believe that an inconsistency exists or believes that the Commonwealth didn’t have the power to create a law in this area  An organisation – the High Court – is then used to resolve these disputes

9.  In 2013 the government of the Australian Capital Territory passed a new law, the Marriage Equality (Same Sex) Act 2013  This allowed for same-sex marriage within the ACT  As marriage is a concurrent power, a challenge was raised in the High Court in December 2013 in the case of Commonwealth v. Australian Capital Territory

10.  The Australian Constitution provides an operating framework for our country  However, it cannot anticipate every problem which could arise, especially as technology and society changes  The High Courts role is to also interpret the Constitution to allow for changing circumstances  Sections 75 and 76 of the Constitution give the High Court its jurisdiction to hear cases and interpret the Constitution.